ARTICLE
5 December 2019

CAFC Reverses PTAB's Obviousness Ruling In OSI v. Apotex

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm dedicated to advancing ideas, discoveries, and innovations that drive businesses around the world. From offices in the United States, Europe, and Asia, Finnegan works with leading innovators to protect, advocate, and leverage their most important intellectual property (IP) assets.
In OSI Pharmaceuticals, LLC v. Apotex Inc., No. 2018-1925 (Fed. Cir. Oct. 4, 2019), the CAFC reversed the PTAB's conclusion that a reasonable factfinder could conclude a person of ordinary skill...
United States Intellectual Property

In OSI Pharmaceuticals, LLC v. Apotex Inc., No. 2018-1925 (Fed. Cir. Oct. 4, 2019), the CAFC reversed the PTAB's conclusion that a reasonable factfinder could conclude a person of ordinary skill in the art would have had a reasonable expectation of success in using erlotinib to treat non-small cell lung cancer in a mammal.  The CAFC held "the Board misinterpreted the asserted references to teach more than substantial evidence supports," and the references provided no more than hope, which is "not enough to create a reasonable expectation of success in a highly unpredictable art."  This case involved a patent covering the use of erlotinib to treat non-small cell lung cancer.  Further discussion of the decision can be found on Finnegan's Federal Circuit IP Blog.

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